HB 126 — AN ACT relating to crimes and punishments.
Last action — signed by Governor (Acts Ch. 66)
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✓Introduced
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✓In Committee
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✓Passed House
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced December 10, 2020. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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4 sponsors
4 primary, 0 co-sponsors signed on.
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Single-party support
Sponsorship is currently within one party (2 R).
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Cleared a recorded vote
Passed 2 recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Bill Text
What changed in the latest version
569 added · 772 removed569 line(s) added, 772 removed.
UNOFFICIALCHAPTER COPY66 211 RSCHAPTER 66 ( HB 126/GA126 ) AN ACT relating to crimes and punishments.
Page 1 of 26 HB012610.100 - 9 - XXXX GA UNOFFICIAL COPY 21 RS HB 126/GA (4) Any person who violates the provisions of KRS 194A.505(6) shall be guilty of a Class D felony, unless the purpose of the violation is to obtain ten thousand dollars ($10,000) or more, in which case it shall be a Class C felony.
PageLegislative 2Research ofCommission 26PDF HB012610.100Version -ACTS 9OF -THE XXXXGENERAL GAASSEMBLY UNOFFICIAL COPY 21 RS HB 126/GA (3) No person shall, with intent to defraud, knowingly make, or induce, or seek to induce the making of a false statement or false representation of a material fact with respect to the conditions or operations of an institution or facility in order that the institution or facility may qualify, upon initial certification or upon recertification, as a hospital, skilled-nursing facility, intermediate-care facility, home-health agency, or other provider of services to the Medical Assistance Program.
The five (5) year period shall be measured from the dates on which the offenses occurred for which the judgments of Page 3 of 26 HB012610.100 - 9 - XXXX GA UNOFFICIAL COPY 21 RS HB 126/GA conviction were entered.
[a Class D felony if ]The amount involved is one thousand[three Page 4 of 26 HB012610.100 - 9 - XXXX GA UNOFFICIAL COPY 21 RS HB 126/GA hundred] dollars ($1,000)[($300)] or more, in which case it is a Class D felony;
CHAPTER 66 3 (4) (a) Any person who knowingly diverts charitable gaming funds from legitimate charitable purpose or lawful expenses allowed under this chapter to his financial benefit or the financial benefit of another person shall be guilty of a Class B misdemeanor unless:
Page 5 of 26 HB012610.100 - 9 - XXXX GA UNOFFICIAL COPY 21 RS HB 126/GA (b) If any person commits two (2) or more separate offenses under paragraph (a) of this subsection within ninety (90) days, the offenses may be combined and treated as a single offense, and the value of the property in each offense may be aggregated for the purpose of determining the appropriate charge.
Page 6 of 26 HB012610.100 - 9 - XXXX GA UNOFFICIAL COPY 21 RS HB 126/GA (4) Any person who violates subsection (2) of KRS 341.470 shall be guilty of a Class A misdemeanor.
The five (5) year period shall be Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY measured from the dates on which the offenses occurred for which the judgments of conviction were entered.
(6) (a) Any person who knowingly makes a false statement or representation, or who knowingly fails to disclose a material fact to prevent or reduce the payment of Page 7 of 26 HB012610.100 - 9 - XXXX GA UNOFFICIAL COPY 21 RS HB 126/GA benefits to any worker entitled thereto, or to avoid becoming or remaining subject to this chapter, or to avoid or reduce any payment required of an employing unit under this chapter shall be guilty of a Class B[A] misdemeanor unless:
Page 8 of 26 HB012610.100 - 9 - XXXX GA UNOFFICIAL COPY 21 RS HB 126/GA (8) Any person who willfully violates any provision of this chapter or any rule or regulation under it, the violation of which is made unlawful or the observance of which is required under the terms of this chapter, and for which no specific penalty is prescribed in this chapter or in any other applicable statute, shall be guilty of a violation.
1.[(a)] Uses for the purpose of obtaining money, goods, services, or anything else of value a credit or debit card obtained or retained in violation of KRS 434.570 to 434.650, or any of such sections, or a credit or debit card which he knows is forged, expired, or revoked;[ or] 2.[(b)]CHAPTER Obtains66 5 2.[(b)]Obtains money, goods, services, or anything else of value by representing without consent of the cardholder that he is the holder of a specified card or by representing that he is the holder of a card and such Page 9 of 26 HB012610.100 - 9 - XXXX GA UNOFFICIAL COPY 21 RS HB 126/GA card has not in fact been issued;[ or] 3.[(c)] Uses a credit or debit card obtained or retained in violation of KRS 434.570 to 434.650, or any of such sections, or a credit or debit card which he knows is forged, expired, or revoked, as authority or identification to cash or attempts to cash or otherwise negotiate or transfer a check or other order for payment of money, whether or not negotiable, if said negotiation or transfer or attempt to negotiate or transfer would constitute a crime under KRS 514.040 or 516.030;
or 4.[(d)]4.[(d)]Deposits Deposits into his account or any account, via an automated banking device, a false, fictitious, forged, altered, or counterfeit check, draft, money order, or any other such document not his lawful or legal property;[,] is guilty as provided in paragraph (b) of this subsection.
of this paragraph within the last five (5) years, in which case it is a Page 10 of 26 HB012610.100 - 9 - XXXX GA UNOFFICIAL COPY 21 RS HB 126/GA Class D felony.
and said cardholder shall be guilty Page 11 of 26 HB012610.100 - 9 - XXXX GA UNOFFICIAL COPY 21 RS HB 126/GA of a Class B misdemeanor unless:
(a) [a Class A misdemeanor if ]The value of all money, goods, services, or other things of value furnished in violation of this section over a six (6) month period is[ less than] five hundred dollars ($500) or more but is less than one thousand dollars ($1,000), in which case it is a Class A misdemeanor;[,] (b) The[ a Class D felony if such] value of all money, goods, services, or other things of value furnished in violation of this section over a six (6) month period is one thousand[five hundred] dollars Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY ($1,000)[($500)] or more but is less than ten thousand dollars ($10,000), in which case it is a Class D felony;[, or] (c) The person has three (3) or more convictions under paragraph (a) of this subsection within the last five (5) years, in which case it is a Class D felony.
(a) [a Class A misdemeanor if ]The value of all money, goods, services, or other things of value furnished in violation of this section over a six (6) month period is[ less than] five hundred dollars ($500) or more but is less than one thousand dollars ($1,000), in which case it is a Class A misdemeanor;[,] Page 12 of 26 HB012610.100 - 9 - XXXX GA UNOFFICIAL COPY 21 RS HB 126/GA (b) The[a Class D felony if such ]value of all money, goods, services, or other things of value furnished in violation of this section over a six (6) month period is one thousand[five hundred] dollars ($1,000)[($500)] or more but is less than ten thousand dollars ($10,000), in which case it is a Class D felony;[, or] (c) The person has three (3) or more convictions under paragraph (a) of this subsection within the last five (5) years, in which case it is a Class D felony.
(a) [A Class A misdemeanor, if ]The value of all money, goods, services, and other things of value received in violation of this section over a six (6) month period is[ less than] five hundred dollars ($500) or more but is less than one thousand dollars ($1,000), in which case it is a Class A misdemeanor;[,] (b) The[a Class D felony if such] value of all money, goods, services, and other things of value received in violation of this section over a six (6) month period is one thousand[five hundred] dollars ($1,000)[($500)] or more but is less than ten thousand dollars ($10,000), in which case it is a Class D felony;[, or] (c) The person has three (3) or more convictions under paragraph (a) of this Page 13 of 26 HB012610.100 - 9 - XXXX GA UNOFFICIAL COPY 21 RS HB 126/GA subsection within the last five (5) years, in which case it is a Class D felony.
CHAPTER 66 7 (2) Theft by unlawful taking or disposition is a Class B[A] misdemeanor unless:
Page 14 of 26 HB012610.100 - 9 - XXXX GA UNOFFICIAL COPY 21 RS HB 126/GA (d) The value of the property is five hundred dollars ($500) or more but less than one thousand dollars ($1,000), in which case it is a Class A misdemeanor;
A person deceives Page 15 of 26 HB012610.100 - 9 - XXXX GA UNOFFICIAL COPY 21 RS HB 126/GA when the person intentionally:
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (4) For purposes of subsection (1) of this section, a maker of a check or similar sight order for the payment of money is presumed to know that the check or order, other than a postdated check or order, would not be paid, if:
Notice of the refusal may Page 16 of 26 HB012610.100 - 9 - XXXX GA UNOFFICIAL COPY 21 RS HB 126/GA include a citation to this section and a description of this section's criminal penalties and shall be deemed properly addressed when mailed to the address printed or written on the check or sight order or provided by the drawer or maker upon issuance of the check or sight order.
Page 17 of 26 HB012610.100 - 9 - XXXX GA UNOFFICIAL COPY 21 RS HB 126/GA (8) Theft by deception is a Class B[A] misdemeanor unless:
and (b) With intent to deprive the owner thereof, he fails to take reasonable measures Page 18 of 26 HB012610.100 - 9 - XXXX GA UNOFFICIAL COPY 21 RS HB 126/GA to restore the property to a person entitled to have it.
CHAPTER 66 9 (a) The value of the property is five hundred dollars ($500) or more but less than one thousand dollars ($1,000), in which case it is a Class A misdemeanor;[:] (b)[(a)] The value of the property is one thousand dollars ($1,000)[five hundred dollars ($500)] or more but less than ten thousand dollars ($10,000), in which case it is a Class D felony;[ or] (c) A person has three (3) or more convictions under paragraph (a) of this subsection within the last five (5) years, in which case it is a Class D felony.
Page 19 of 26 HB012610.100 - 9 - XXXX GA UNOFFICIAL COPY 21 RS HB 126/GA 1.
Page 20 of 26 HB012610.100 - 9 - XXXX GA UNOFFICIAL COPY 21 RS HB 126/GA (a) The value of the service is five hundred dollars ($500) or more but less than one thousand dollars ($1,000), in which case it is a Class A misdemeanor;[:] (b)[(a)] The value of the service is one thousand dollars ($1,000)[five hundred dollars ($500)] or more but less than ten thousand dollars ($10,000), in which case it is a Class D felony;[ or] (c) A person has three (3) or more convictions under paragraph (a) of this subsection within the last five (5) years, in which case it is a Class D felony.
or Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (d)[(b)] The value of the service is ten thousand dollars ($10,000) or more, in which case it is a Class C felony.
Page 21 of 26 HB012610.100 - 9 - XXXX GA UNOFFICIAL COPY 21 RS HB 126/GA (3) An officer or employee of the government or of a financial institution is presumed:
(6) If any person commits two (2) or more separate offenses of theft by failure to make a required disposition of property received within ninety (90) days, the offenses may be combined and treated as a single offense, and the value of the property in each offense may be aggregated for the purpose of determining the Page 22 of 26 HB012610.100 - 9 - XXXX GA UNOFFICIAL COPY 21 RS HB 126/GA appropriate charge.
or CHAPTER 66 11 (e) Bring about or continue a strike, boycott, or other collective unofficial action, if the property is not demanded or received for the benefit of the group in whose interest the actor purports to act;
(a) The value of the property obtained is five hundred dollars ($500) or more but less than one thousand dollars ($1,000), in which case it is a Class A misdemeanor;[:] (b)[(a)] The value of the property is one thousand dollars ($1,000)[Five Page 23 of 26 HB012610.100 - 9 - XXXX GA UNOFFICIAL COPY 21 RS HB 126/GA hundred dollars ($500)] or more but less than ten thousand dollars ($10,000), in which case it is a Class D felony;[ or] (c) A person has three (3) or more convictions under paragraph (a) of this subsection within the last five (5) years, in which case it is a Class D felony.
(a) The value of the labor rendered is five hundred dollars ($500) or more but Page 24 of 26 HB012610.100 - 9 - XXXX GA UNOFFICIAL COPY 21 RS HB 126/GA less than one thousand dollars ($1,000), in which case it is a Class A misdemeanor;[:] (b)[(a)] The value of the labor rendered is one thousand dollars ($1,000)[five hundred dollars ($500)] or more but less than ten thousand dollars ($10,000), in which case it is a Class D felony;[ or] (c) A person has three (3) or more convictions under paragraph (a) of this subsection within the last five (5) years, in which case it is a Class D felony.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (1) A person is guilty of receiving stolen property when he receives, retains, or disposes of movable property of another knowing that it has been stolen, or having reason to believe that it has been stolen, unless the property is received, retained, or disposed of with intent to restore it to the owner.
(b) The value of the property is one thousand dollars ($1,000)[five hundred Page 25 of 26 HB012610.100 - 9 - XXXX GA UNOFFICIAL COPY 21 RS HB 126/GA dollars ($500)] or more but less than ten thousand dollars ($10,000), in which case it is a Class D felony;
PageSigned 26by ofGovernor 26March HB012610.10022, -2021. 9 - XXXX GA
Action History
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signed by Governor (Acts Ch. 66)
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delivered to Governor
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enrolled, signed by President of the Senate
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enrolled, signed by Speaker of the House
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received in House
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3rd reading, passed 25-11
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posted for passage in the Regular Orders of the Day for Tuesday, March 16, 2021
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2nd reading, to Rules
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reported favorably, 1st reading, to Calendar
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to Judiciary (S)
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received in Senate
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3rd reading, passed 63-24
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posted for passage in the Regular Orders of the Day for Tuesday, February 9, 2021
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2nd reading, to Rules
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reported favorably, 1st reading, to Calendar
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posted in committee
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to Judiciary (H)
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to Committee on Committees (H)
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introduced in House
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Prefiled by the sponsor(s).
Sponsors
- C. Massey · Primary
- Adam Bowling · Primary
- J. Miller · Primary
- Jason Nemes · Primary
Sponsorship breakdown
Export CSV (upgrade) →4 sponsors · 0 co-sponsors · 134 not signed on · 21 voted No
Sponsors (4)
- C. Massey
- Adam Bowling Republican
- J. Miller
- Jason Nemes Republican
Co-sponsors (0)
None.
Not signed on (134)
134 members have not signed on to this bill.
Show all 134 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 11 | 6 | 0 | 2 |
| Republican | 12 | 5 | 0 | 0 |
| Democrat | 2 | 0 | 0 | 0 |
| Total | 25 | 11 | 0 | 2 |
| % of votes cast | 66% | 29% | 0% | 5% |
How each member voted (38)
| Member | Party | Vote |
|---|---|---|
| Alvarado | — | Yea |
| Thomas | — | Yea |
| Kerr | — | Yea |
| Schickel | — | Yea |
| Turner | — | Yea |
| Schroder | — | Yea |
| McGarvey | — | Yea |
| Southworth | — | Yea |
| Westerfield | — | Yea |
| Embry | — | Yea |
| Yates | — | Yea |
| Buford | — | Nay |
| Hornback | — | Nay |
| Smith | — | Nay |
| Castlen | — | Nay |
| Meredith | — | Nay |
| Thayer | — | Nay |
| Parrett | — | Not Voting |
| Harper Angel | — | Not Voting |
| Gerald A. Neal | Democrat | Yea |
| Karen Berg | Democrat | Yea |
| Brandon J. Storm | Republican | Yea |
| Christian McDaniel | Republican | Yea |
| Danny Carroll | Republican | Yea |
| David P. Givens | Republican | Yea |
| Jared Carpenter | Republican | Yea |
| Jason Howell | Republican | Yea |
| Jason Nemes | Republican | Yea |
| Jimmy Higdon | Republican | Nay |
| Julie Raque Adams | Republican | Yea |
| Max Wise | Republican | Nay |
| Mike Wilson | Republican | Nay |
| Phillip Wheeler | Republican | Yea |
| Rick Girdler | Republican | Yea |
| Robby Mills | Republican | Nay |
| Robert Stivers | Republican | Yea |
| Robin L. Webb | Republican | Yea |
| Stephen West | Republican | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 34 | 15 | 0 | 3 |
| Unaffiliated | 24 | 9 | 0 | 8 |
| Democrat | 5 | 0 | 0 | 3 |
| Total | 63 | 24 | 0 | 14 |
| % of votes cast | 62% | 24% | 0% | 14% |
How each member voted (101)
| Member | Party | Vote |
|---|---|---|
| Koenig | — | Yea |
| Pratt | — | Yea |
| Goforth | — | Yea |
| Thomas | — | Yea |
| Massey | — | Yea |
| Raymond | — | Yea |
| Timoney | — | Yea |
| Graham | — | Yea |
| McCoy | — | Yea |
| Cantrell | — | Yea |
| Hatton | — | Yea |
| Webber | — | Yea |
| Dixon | — | Yea |
| Scott | — | Yea |
| Westrom | — | Yea |
| DuPlessis | — | Yea |
| Wheatley | — | Yea |
| Minter | — | Yea |
| Sheldon | — | Yea |
| Fischer | — | Yea |
| Jenkins | — | Yea |
| Smith | — | Yea |
| Bechler | — | Nay |
| Donohue | — | Nay |
| Heath | — | Nay |
| Rowland | — | Nay |
| Bentley | — | Nay |
| Santoro | — | Nay |
| Meredith | — | Nay |
| Prunty | — | Nay |
| Flood | — | Not Voting |
| Meeks | — | Not Voting |
| Palumbo | — | Not Voting |
| Burch | — | Not Voting |
| Carney | — | Not Voting |
| COMMONWEALTH OF KENTUCKY SENATE | — | Not Voting |
| Huff R | — | Not Voting |
| Kirk McCormick | — | Nay |
| Miller C | — | Not Voting |
| Miller J | — | Yea |
| Stevenson C | — | Yea |
| Al Gentry | Democrat | Yea |
| Ashley Tackett Laferty | Democrat | Yea |
| George Brown Jr. | Democrat | Not Voting |
| Lisa Willner | Democrat | Yea |
| Mary Lou Marzian | Democrat | Yea |
| Nima Kulkarni | Democrat | Not Voting |
| Pamela Stevenson | Democrat | Not Voting |
| Tina Bojanowski | Democrat | Yea |
| Aaron Reed | Republican | Nay |
| Adam Bowling | Republican | Yea |
| Bill Wesley | Republican | Nay |
| Bobby McCool | Republican | Not Voting |
| Chris Freeland | Republican | Nay |
| Chris Fugate | Republican | Nay |
| DJ Johnson | Republican | Nay |
| Daniel Elliott | Republican | Yea |
| Daniel Fister | Republican | Yea |
| David Hale | Republican | Not Voting |
| David Meade | Republican | Yea |
| David W. Osborne | Republican | Yea |
| Deanna Gordon | Republican | Not Voting |
| Derek Lewis | Republican | Yea |
| Felicia Rabourn | Republican | Yea |
| James Tipton | Republican | Yea |
| Jason Nemes | Republican | Yea |
| Jason Petrie | Republican | Yea |
| Jennifer Decker | Republican | Yea |
| Jim Gooch Jr. | Republican | Yea |
| John Blanton | Republican | Nay |
| Josh Branscum | Republican | Yea |
| Josh Bray | Republican | Nay |
| Josh Calloway | Republican | Yea |
| Ken Fleming | Republican | Yea |
| Ken Upchurch | Republican | Yea |
| Kim Banta | Republican | Yea |
| Kim King | Republican | Nay |
| Kimberly Poore Moser | Republican | Yea |
| Mark Hart | Republican | Yea |
| Mary Beth Imes | Republican | Yea |
| Matt Lockett | Republican | Nay |
| Matthew Koch | Republican | Yea |
| Myron Dossett | Republican | Nay |
| Nancy Tate | Republican | Yea |
| Patrick Flannery | Republican | Yea |
| Randy Bridges | Republican | Yea |
| Richard White | Republican | Yea |
| Ryan Dotson | Republican | Nay |
| Samara Heavrin | Republican | Yea |
| Savannah Maddox | Republican | Yea |
| Scott Lewis | Republican | Nay |
| Scott Sharp | Republican | Yea |
| Shane Baker | Republican | Nay |
| Shawn McPherson | Republican | Yea |
| Steve Bratcher | Republican | Nay |
| Steve Riley | Republican | Yea |
| Steven Rudy | Republican | Yea |
| Suzanne Miles | Republican | Yea |
| T.J. Roberts | Republican | Yea |
| Thomas Huff | Republican | Yea |
| William Lawrence | Republican | Nay |
Subjects
Frequently asked questions
- Who sponsors HB 126?
- HB 126 is sponsored by C. Massey, Adam Bowling (Republican), J. Miller, and Jason Nemes (Republican).
- What is the current status of HB 126?
- This bill has been enacted into law. Introduced December 10, 2020. Enacted.
- Where can I track HB 126?
- Track HB 126 free on One Click Politics — get push/email alerts when it moves.
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